Hungary\'s Unique Payment Order System: Fizetési Meghagyás

Hungary has one of the most distinctive debt collection systems in Europe: the fizetési meghagyás (payment order) is issued not by courts but by közjegyzők (notaries), governed by the 2009. évi L. törvény a fizetési meghagyásos eljárásról (Act L of 2009 on the Payment Order Procedure). This notary-based system, introduced in 2010, has proven remarkably efficient, with over 500,000 payment orders issued annually and resolution times averaging 2-3 months for uncontested claims.

Why Notaries?

The Hungarian legislature transferred payment order jurisdiction from courts to notaries to reduce the judicial caseload and accelerate debt recovery. Hungarian notaries (közjegyzők) are highly qualified legal professionals with judicial-type powers in non-contentious matters. The system is exclusively electronic: all applications must be filed through the MOKK (Magyar Országos Közjegyzői Kamara) electronic system.

When Can You Use Fizetési Meghagyás?

The procedure is available for:

  • Monetary claims up to HUF 3,000,000 (approximately EUR 7,500): For claims up to this threshold, the fizetési meghagyás is the exclusive procedure. Claims above this must go through ordinary litigation (peres eljárás) unless the parties agree to use the payment order procedure.
  • Undisputed claims: If the debtor files ellentmondás (opposition), the procedure converts to full litigation.
  • Any type of monetary claim: Including contract debts, damages, unpaid invoices, and loan repayments.

Step-by-Step Procedure

  1. Electronic filing: The creditor (or their lawyer) files the application via the MOKK electronic portal. The application must state the claim amount, legal basis, and attach supporting documents. The fee is 3% of the claim amount (minimum HUF 8,000, maximum HUF 300,000).
  2. Notary review and issuance: The notary reviews the application for formal completeness (not merits) and issues the fizetési meghagyás, typically within 15-30 days. The order is served electronically to the debtor\'s official electronic contact address (hivatalos elérhetőség) or by post.
  3. Debtor response: The debtor has 15 days from service to either pay (including the fee) or file ellentmondás. An ellentmondás does NOT require reasons — a simple statement of opposition is sufficient.
  4. Outcomes:
    • Payment or no response: The payment order becomes jogerős (final) and végrehajtható (enforceable) — equivalent to a court judgment.
    • Ellentmondás: The case converts to peres eljárás (litigation) at the competent court. The creditor must then prove their claim in a full trial.

Advantages of the Hungarian System

  • Speed: 2-3 months from filing to enforceable title — among the fastest in the EU.
  • Cost: The fee (3% of claim amount) is lower than court litigation costs and recoverable from the debtor.
  • Electronic system: The fully electronic MOKK platform allows filing, tracking, and receiving decisions entirely online.
  • Specialized forum: Notaries specializing in payment orders process applications faster than general courts.